HB 1053

1
A bill to be entitled
2An act relating to St. Lucie County; creating the St.
3Lucie County Research and Education Authority, an
4independent special district in St. Lucie County;
5providing definitions; providing for a governing board and
6powers; providing for a research and educational
7facilities benefit assessment; providing minimum charter
8requirements; providing for a referendum; providing for
9construction and severability; providing an effective
10date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Legislative findings and intent.--
15     (1)  The purposes of this act are to:
16     (a)  Create an independent research and education authority
17within St. Lucie County to promote and stimulate economic
18development and employment opportunities within St. Lucie County
19and throughout the Treasure Coast.
20     (b)  Provide a dedicated funding source to be utilized by
21the St. Lucie County Research and Education Authority to fund
22education and research initiatives in St. Lucie County,
23including enhancement of existing facilities and programs and
24development of new facilities and programs to provide a sound
25basis for economic development and employment in St. Lucie
26County.
27     (c)  Provide a funding incentive for public-private
28partnerships to develop research and education facilities and
29programs within St. Lucie County and the Treasure Coast.
30     (d)  Determine that the creation and operation of the St.
31Lucie County Research and Education Authority is in the public
32interest.
33     (2)  The Legislature finds that:
34     (a)  The creation of research and educational facilities
35will attract high-technology businesses and related research
36enterprises to St. Lucie County and provide and maintain a job
37base of highly compensated scientists, technicians, and
38administrators to the county.
39     (b)  The creation of new research and educational
40facilities and the attraction and maintenance of a high-
41technology, strong, high-paying job base in the county
42especially benefit the value of real property in the county by
43helping to maintain its value and stimulate growth in value over
44time as the property is sold or resold.
45     (c)  It is appropriate and equitable for the purchaser or
46seller of benefited real property whose value is enhanced by the
47creation of research and educational facilities and maintenance
48of a strong job base in St. Lucie County to pay a research and
49educational facilities benefit assessment at the time of
50property transfer that is proportional to and not in excess of
51the benefit received from the referenced facilities.
52     (3)  The Legislature hereby intends to create an
53independent special district and grant to it the authority
54contained in this act to receive and spend research and
55educational facilities benefit assessments collected pursuant to
56this act specifically for the creation of research and
57educational facilities that will stimulate the growth of high-
58technology businesses and employment in St. Lucie County and
59protect and enhance real property value in the county.
60     Section 2.  Creation.--Pursuant to chapter 189, Florida
61Statutes, the St. Lucie County Research and Education Authority
62is hereby created as a public body and independent special
63district the boundaries of which are coterminous with the
64boundaries of St. Lucie County.
65     Section 3.  Definitions.--As used in this act:
66     (1)  "Board" means the governing board of the St. Lucie
67County Research and Education Authority.
68     (2)  "Authority" means the St. Lucie County Research and
69Education Authority.
70     (3)  "Research and educational facilities benefit
71assessment" means a non-ad valorem assessment as defined in
72section 197.3632, Florida Statutes.
73     Section 4.  Governing board; membership; qualification;
74officers; meetings.--
75     (1)  The board of the authority shall at all times consist
76of seven members, two of whom shall be elected by and from the
77Board of County Commissioners of St. Lucie County, two of whom
78shall be elected by and from the City Commission of the City of
79Fort Pierce, two of whom shall be elected by and from the City
80Council of the City of Port St. Lucie, and one of whom shall be
81appointed by the Governor.
82     (2)  Within 90 days after the effective date of this act,
83the members shall be elected by their respective board,
84commission, or council as set forth in subsection (1) and the
85Governor shall make his or her appointment to the board as set
86forth in subsection (1).
87     (3)  The terms of office of the two members from the Board
88of County Commissioners of St. Lucie County, the two members
89from the City Commission of the City of Fort Pierce, and the two
90members from the City Council of the City of Port St. Lucie, and
91their respective successors, shall be for periods of 2 years.
92The term of office of the seventh member appointed by the
93Governor shall be for a period of 2 years, but said seventh
94member shall continue to serve until his or her successor is
95appointed.
96     (4)  As to the two members from the Board of County
97Commissioners of St. Lucie County, the two members from the City
98Commission of the City of Fort Pierce, and the two members from
99the City Council of the City of Port St. Lucie, their
100continuance in such official capacities as members of the board
101of county commissioners, city commission, and city council shall
102be deemed an essential qualification as to their continuance as
103members of the board of the authority.
104     (5)  Each member of the board shall assume office 10 days
105following the member's election or appointment. Biennially,
106within 60 days after the newly elected and appointed members
107have taken office, the board shall organize by electing from its
108members a chair, a vice chair, a secretary, and a treasurer. The
109positions of secretary and treasurer may be held by one member.
110Funds of the authority may be disbursed only upon the order or
111pursuant to resolution of the board, by warrant or check signed
112by the treasurer or other person authorized by the board.
113However, a petty cash account may be authorized by the board.
114The board may give the treasurer additional powers and duties
115that it deems appropriate.
116     (6)  Members of the board shall serve without pay. However,
117members may be reimbursed for travel and per diem expenses as
118provided in section 112.061, Florida Statutes.
119     (7)  If a vacancy occurs on the board due to the
120resignation, death, or removal of a member or the failure of
121anyone to qualify for a board seat, the board, commission,
122council, or Governor responsible for the original election or
123appointment shall elect or appoint a qualified person to fill
124the seat for the remaining term, if any. The board shall remove
125any member who has three consecutive, unexcused absences from
126regularly scheduled meetings. The board shall adopt policies by
127resolution defining excused and unexcused absences.
128     (8)  Each member shall, upon assuming office, take and
129subscribe to the oath of office prescribed by s. 5(b), Art. II
130of the State Constitution and section 876.05, Florida Statutes.
131Each member, within 30 days after assuming office, must give the
132Governor a good and sufficient surety bond in the sum of $5,000,
133the cost thereof being borne by the authority, conditioned on
134the member's faithful performance of his or her duties of
135office.
136     (9)  The board shall keep a permanent record book entitled
137"Record of Proceedings of St. Lucie County Research and
138Education Authority," in which the minutes of all meetings,
139resolutions, proceedings, certificates, bonds given by
140commissioners, and corporate acts shall be recorded. The record
141book shall be open to inspection in the same manner as state,
142county, and municipal records are open under chapter 119,
143Florida Statutes, and s. 24, Art. I of the State Constitution.
144The record book shall be kept at the office or other regular
145place of business maintained by the board in St. Lucie County.
146     (10)  All meetings of the board shall be open to the public
147consistent with chapter 286, Florida Statutes, section 189.417,
148Florida Statutes, and other applicable general laws.
149     Section 5.  General powers.--The authority shall have, and
150the board may exercise by majority vote, the following powers:
151     (1)  To sue and be sued in the name of the authority, to
152adopt and use a seal and authorize the use of a facsimile
153thereof, and to make and execute contracts and other instruments
154necessary or convenient to the exercise of its powers.
155     (2)  To provide for a pension or retirement plan for its
156employees. In accordance with section 215.425, Florida Statutes,
157the board may provide for an extra compensation program,
158including a lump-sum bonus payment program, to reward
159outstanding employees whose performance exceeds standards if the
160program provides that a bonus payment may not be included in an
161employee's regular base rate of pay and may not be carried
162forward in subsequent years.
163     (3)  To contract for the services of consultants to perform
164planning, engineering, legal, or other professional services.
165     (4)  To borrow money and accept gifts; to apply for and use
166grants or loans of money or other property from the United
167States, the state, a unit of local government, or any person for
168any purposes of the authority and enter into agreements required
169in connection therewith; and to hold, use, sell, and dispose of
170such moneys or property for any authority purpose in accordance
171with the terms of the gift, grant, loan, or agreement relating
172thereto.
173     (5)  To adopt resolutions and procedures prescribing the
174powers, duties, and functions of the officers of the authority;
175the conduct of the business of the authority; the maintenance of
176records; and the form of other documents and records of the
177authority.
178     (6)  To maintain an office at places it designates within
179St. Lucie County and appoint an agent of record.
180     (7)  To acquire, by purchase, lease, gift, dedication,
181devise, or otherwise, real and personal property or any estate
182therein for any purpose authorized by this act and to trade,
183sell, or otherwise dispose of surplus real or personal property.
184The board may purchase equipment by an installment sales
185contract if funds are available to pay the current year's
186installments on the equipment and to pay the amounts due that
187year on all other installments and indebtedness.
188     (8)  To hold, control, and acquire by donation or purchase
189any public easement, dedication to public use, platted
190reservation for public purposes, or reservation for those
191purposes authorized by this act and to use such easement,
192dedication, or reservation for any purpose authorized by this
193act consistent with applicable adopted local government
194comprehensive plans and land development regulations.
195     (9)  To lease as lessor or lessee to or from any person,
196firm, corporation, association, or body, public or private, any
197facility or property of any nature for the use of the authority
198when necessary to carry out the authority's powers and duties
199under this act.
200     (10)  To borrow money and issue bonds, revenue anticipation
201notes, or certificates payable from and secured by a pledge of
202funds, revenues, and assessments, warrants, notes, or other
203evidence of indebtedness, when necessary to carry out the
204authority's powers and duties under this act.
205     (11)  To cooperate or contract with other persons or
206entities, including other governmental agencies, as necessary,
207convenient, incidental, or proper in connection with providing
208effective mutual aid and furthering any power, duty, or purpose
209authorized by this act.
210     (12)  To develop and adopt research and education plans and
211programs for the support and enhancement of existing research
212and education facilities and programs in St. Lucie County.
213     (13)  To implement approved research and education plans
214including financial support to improve existing facilities and
215programs; the purchase, lease, or construction and development
216of new research or education facilities; and initiation of new
217research or education programs including joint ventures with
218public or private partners.
219     (14)  To utilize a research and educational facilities
220benefit assessment as defined in section 3 to implement adopted
221research and education plans or programs and to pay for
222administration of the authority and the purposes of the
223authority.
224     (15)  To select as a depository for its funds any qualified
225public depository as defined in section 280.02, Florida
226Statutes, which meets all the requirements of chapter 280,
227Florida Statutes, and has been designated by the Chief Financial
228Officer as a qualified public depository, upon such terms and
229conditions as to the payment of interest upon the funds
230deposited as the board deems just and reasonable.
231     (16)  To provide adequate insurance on all real and
232personal property, equipment, employees, and other personnel.
233     Section 6.  Bonds; no pledge of full faith and credit.--
234     (1)  Beginning in 2007, and for the life of the bond issue
235authorized by this section, the first $500,000 in assessment
236revenue collected annually shall be pledged and utilized for the
237issuance of revenue bonds. Such bonds may be issued for a period
238of up to 30 years. The bonds authorized by this section shall be
239used exclusively for the purchase of real property to provide an
240incentive for the location or development of research or
241educational facilities in St. Lucie County. Upon satisfaction of
242the bonded indebtedness incurred herein, this section shall be
243repealed unless reenacted by a subsequent legislature.
244     (2)  The authority contained herein does not constitute a
245pledge of the full faith and credit of the authority pursuant to
246s. 12, Art. VII of the State Constitution. Bonds issued
247hereunder shall only be secured by research and educational
248facilities benefit assessment revenues collected by the
249authority pursuant to this act and no other source of revenue.
250     Section 7.  Research and educational facilities benefit
251assessment; exemptions.--
252     (1)  In addition to the tax on deeds and other instruments
253relating to real property required pursuant to section 201.02,
254Florida Statutes, whether or not the instrument is recorded in
255the public records, any nonexempt transfer or conveyance of real
256property as defined therein after the effective date of this act
257shall require simultaneous payment to the clerk of the circuit
258court of a research and educational facilities benefit
259assessment in an amount prescribed by the following schedule:
260     (a)  New single-family residential units, multifamily
261residential units, or manufactured (mobile) homes:  $250 per
262dwelling.
263     (b)  Existing single-family residential units, multifamily
264residential units, or manufactured (mobile) homes:  $125 per
265dwelling.
266     (c)  New commercial/industrial structures:  $150 per 1,000
267square feet.
268     (d)  Commercial/industrial resale:  $75 per 1,000 square
269feet.
270     (e)  Vacant residential land:  $150 per dwelling unit
271authorized by city or county zoning and comprehensive plan
272provisions.
273     (f)  Vacant commercial/industrial property:  $75 per each
2741,000 square feet of development authorized by city or county
275zoning and comprehensive plan provisions.
276     (g)  Vacant agricultural property:  $100 plus $10 per acre
277for every acre over 1 acre.
278     (2)  The assessment collected pursuant to this act by the
279clerk of the circuit court shall be transferred to an account
280designated by the authority. Such transfers shall be made within
28130 days after collection.
282     (3)  The following transfers of real property shall be
283exempt from the assessment provided in subsection (1):
284     (a)  Transfers of bona fide, commercial agricultural land
285that include a deed restriction or covenant requiring the land
286to remain in agricultural use for a minimum of 10 years.
287     (b)  Residential transfers of housing financed by the
288Florida Housing Finance Corporation.
289     (c)  Existing research and education facilities.
290     (d)  Commercial facilities and research or educational
291projects financed in whole or in part by the authority.
292     Section 8.  Minimum charter requirements.--In accordance
293with section 189.404(3), Florida Statutes, the following
294subsections shall comprise the minimum required charter
295provisions for the authority:
296     (1)  The authority is organized and exists for all purposes
297set forth in this act and chapter 189, Florida Statutes, as they
298may be amended from time to time.
299     (2)  The powers, functions, and duties of the authority
300regarding bond issuance, revenue-raising capabilities, budget
301preparation and approval, liens, foreclosure of liens, use of
302tax deeds and tax certificates, and contractual agreements shall
303be as set forth in chapters 189 and 201, Florida Statutes, this
304act, or any other applicable general or special law, as they may
305be amended from time to time.
306     (3)  The authority was created by special act of the
307Legislature.
308     (4)  The authority's charter may be amended only by special
309act of the Legislature, unless otherwise provided by chapter
310189, Florida Statutes, as it may be amended from time to time.
311     (5)  The authority is governed by a seven-member board. The
312membership and organization of the board shall be as set forth
313in this act and chapter 189, Florida Statutes, as they may be
314amended from time to time.
315     (6)  Members of the board shall serve without pay. However,
316members may be reimbursed for travel and per diem expenses as
317provided in section 112.061, Florida Statutes.
318     (7)  The administrative duties of the board shall be as set
319forth in this act and chapter 189, Florida Statutes, as they may
320be amended from time to time.
321     (8)  Requirements for financial disclosure, meeting
322notices, reporting, public records maintenance, and per diem
323expenses for officers and employees shall be as set forth in
324chapters 112, 189, and 286, Florida Statutes, as they may be
325amended from time to time.
326     (9)  The procedures and requirements governing the issuance
327of bonds, notes, and other evidences of indebtedness by the
328authority shall be as set forth in this act, chapter 189,
329Florida Statutes, and applicable general laws, as they may be
330amended from time to time.
331     (10)  The authority may be financed by any method
332established in this act, chapter 189, Florida Statutes, or any
333applicable general laws, as they may be amended from time to
334time.
335     (11)  The method for collecting assessments shall be as set
336forth in this act and chapter 197, Florida Statutes, as they may
337be amended from time to time.
338     (12)  The authority's planning requirements shall be as set
339forth in chapter 189, Florida Statutes, as it may be amended
340from time to time.
341     (13)  The district's geographic boundary limitations shall
342be coterminous with the boundaries of St. Lucie County as
343defined in section 7.59, Florida Statutes, as it may be amended
344from time to time.
345     Section 9.  Referendum.--On or before November 7, 2006, the
346Supervisor of Elections of St. Lucie County shall conduct a
347referendum on the question of the creation of the St. Lucie
348County Research and Education Authority. The referendum question
349shall be posed as follows:
350
351Shall the St. Lucie County Research and Education Authority be
352authorized and created by special act of the Legislature with
353authority to collect a research and educational facilities
354benefit assessment on real property transfers in St. Lucie
355County to finance research and education facilities?
356
357               Yes                    No
358     Section 10.  Construction.--The provisions of this act
359shall be liberally construed in order to effectively carry out
360the purposes of this act in the interest of the public health,
361welfare, and safety of the citizens served by the authority.
362     Section 11.  Severability.--It is declared to be the intent
363of the Legislature that if any section, subsection, sentence,
364clause, phrase, or portion of this act is for any reason held
365invalid or unconstitutional by any court of competent
366jurisdiction, such portion shall be deemed a separate, distinct,
367and independent provision, and such holding shall not affect the
368validity of the remaining portions hereof.
369     Section 12.  This act shall take effect only upon its
370approval by a majority vote of those qualified electors of St.
371Lucie County voting in a referendum to be called by the
372Supervisor of Elections of St. Lucie County on or before
373November 7, 2006, in accordance with the provisions of law
374relating to elections currently in force, except that this
375section and section 10 of this act shall take effect upon
376becoming a law.


CODING: Words stricken are deletions; words underlined are additions.